Boutureira v Grotas

Holding The Appellate Division modified the lower court’s order to deny summary judgment on the medical malpractice and lack of informed consent claims related to the plication surgery. The court found that the defendants failed to establish their prima facie entitlement to judgment as a matter of law because triable issues of fact remained regarding the acute phase of the plaintiff’s condition and the adequacy of informed consent.

The court’s words

the defendants failed to establish their prima facie entitlement to judgment as a matter of law dismissing so much of the cause of action alleging medical malpractice as was based upon the plication surgery

2026 NY Slip Op 05155, at the official text

The defendants' submissions failed to establish that the plaintiff was given sufficient information and advice regarding the risks, benefits, and alternatives to the plication surgery under the circumstances

2026 NY Slip Op 05155, at the official text